Rep. Jennifer Bacon

The act permits a county or municipal jail (local detention facility) to conduct a strip search of a person who is detained in the local detention facility, only:When the facility is conducting intake of the detained person who has come in from outside the facility and a strip search upon intake is part of the detention facility's policy;When 2 personnel of the facility have determined and reasonably believe the detained person is concealing a controlled substance, a dangerous instrument, or contraband; or Under a circumstance or set of conditions in which there has been a prior incident of possession of a controlled substance, a dangerous instrument, contraband, or any other item that creates grave danger to property or injury to persons and substantially obstructs the performance of the institutional functions of the local detention facility, the circumstance or set of conditions give rise to a substantial likelihood that a similar incident may occur again, and the local detention facility has a written policy authorizing a strip search under the circumstances or set of conditions.     The act requires that each local detention facility document the number of, reason for, and results of a strip search in a report that each facility must submit annually to the jail standards advisory committee and the Colorado attorney general. The act requires detention facility personnel to record strip searches via body-worn camera and limits access to the recordings. The act requires each sheriff to coordinate with the sheriff's body-worn camera vendor to implement a tag for strip searches in body-worn camera footage tagging options and ensure that strip search footage has the most restrictive level of access available within the sheriff's body-worn camera system.     The act requires local detention facilities to have a policy detailing staff protocol for responding to suspected, alleged, or witnessed sexual abuse and requires staff to report suspected, alleged, or witnessed sexual abuse. The act creates whistleblower protection policies for jail staff and creates a right of action against a local detention facility for a staff member who was subject to an adverse employment action because the staff member disclosed information to the proper supervising authority about sexual abuse or sex-based harassment in the local detention facility.     The act requires local detention facilities to inform prisoners of their rights and the resources available to them if they are a victim of sexual abuse while in jail and allow sexual assault advocates to access prisoners who request advocacy services. The act requires local detention facilities to designate a 'Prison Rape Elimination Act of 2003' (PREA) coordinator and requires jails to provide the coordinator's contact information to prisoners and the public.     The act requires the removal of peace officers standards and training board (P.O.S.T. board) certification from any peace officer who is found by an administrative law judge, hearing officer, or internal investigation to have sexually abused a prisoner in a local detention facility.     The act appropriates $38,916 to the department of law from the P.O.S.T. board cash fund for P.O.S.T. board support.(Note: This summary applies to this bill as enacted.)

The act authorizes a local government with permitting authority over land uses (local government) to designate one or more areas within the jurisdiction of the local government as renewable energy reinvestment areas for the siting of renewable energy and energy storage system projects (eligible projects). In designating an area as a renewable energy reinvestment area, the local government must hold at least one public hearing and hold at least one public hearing for any construction permit applications required for a proposed eligible project in the renewable energy reinvestment area or must designate the area as part of an urban renewal plan or county revitalization plan and ensure that any outreach to and engagement of disproportionately impacted communities is consistent with statutory requirements. A local government cannot designate an eligible site within tribal lands without first consulting with the tribe with jurisdiction over the lands.     If an eligible project is sited in a renewable energy reinvestment area, an urban renewal authority or county revitalization authority (authority) may distribute tax increment revenue to finance or reimburse costs associated with the eligible project if the renewable energy reinvestment area is included in the authority's urban renewal plan or county revitalization plan.     In response to a request made by a local government or an eligible project developer for information regarding a designated renewable energy reinvestment area, a utility is required to acknowledge the request and provide the requestor readily available information within 30 days after the request is made.     The Colorado energy office is required to consolidate, publish on its website, and periodically update technical and informational resources concerning the process for siting, permitting, and developing eligible projects in renewable energy reinvestment areas.(Note: This summary applies to this bill as enacted.)

The act requires certain transit agencies that have at least one million unlinked passenger trips in the most recent year, and that are not the Colorado department of transportation or a regional transportation authority that provides funding for but does not directly provide transit services (covered transit agencies), to take specific actions to increase transit access.     On and after June 30, 2027, a covered transit agency shall ensure that clear, up-to-date transit system maps are displayed at all rail stations, bus stations, and bus rapid transit stops and that information on fare rates and structures and eligibility requirements and application instructions for fare discount programs is available online and displayed in all transit vehicles and at all rail stations, bus stations, and transit stops with a covered shelter. A covered transit agency may meet these requirements by displaying summary information and a link or quick response (QR) code to a website with detailed information. A covered transit agency is not required to replace its fixed signage, displays, or maps solely to comply with these new requirements and, instead, is only required to update the required information upon the regularly scheduled replacement of any signage, displays, or maps.     On and after June 30, 2027, a covered transit agency shall ensure that all publicly available information that it disseminates related to accessing its transit services, including fare structures, transit maps, service schedules, and the rights and responsibilities of transit riders, is translated into languages that are widely spoken in any county in which the covered transit agency operates or that are required by a covered transit agency's existing language access plan. A covered transit agency may use an existing language access plan to satisfy these language access requirements.     Covered transit agencies are required to annually report their progress on the action areas required by the act, and other required information, to the governor and a joint meeting of the transportation committees of the general assembly beginning on or before January 31, 2028, and on or before each January 31 thereafter. Covered transit agencies must post this annual report on a publicly accessible website. Covered transit agencies are only required to report information that they already collect and may satisfy any of the information required to be reported by referencing or including a link to a publicly accessible official report that includes the required information.(Note: This summary applies to this bill as enacted.)

The act creates the 'Transit Investment Area Act' to facilitate the financing of transit and rail station infrastructure. Specifically, the act:Allows a local government and a transit agency to jointly undertake a transit investment project. To finance the project, the local government may apply to the Colorado economic development commission (commission) to designate a transit investment area and an approved financing entity;Authorizes the approved financing entity, which may be a newly created transit investment authority, a county revitalization authority, a metropolitan district, or an urban renewal authority, to receive state sales tax increment revenue. This revenue consists of the state sales tax collected in the designated area above a base amount, plus an additional 20% to account for out-of-area deliveries.Permits the financing entity to issue bonds and use the state sales tax increment revenue to finance eligible improvements related to the transit project;Prohibits the financing entity from using the state sales tax increment revenue to acquire property through eminent domain;Requires projects to comply with specified hiring, apprenticeship, and workforce standards;Caps the commission's approval authority at no more than 3 transit investment projects in any calendar year and no more than 6 in total and caps the total state sales tax increment revenue dedicated to all projects at $75 million per fiscal year; andAuthorizes the commission to revoke project approval if substantial work does not commence within 5 years and requires financing entities to submit annual reports and independent financial audits.     The act requires the Colorado office of economic development, in consultation with the department of local affairs and the department of transportation, to publish a transit and housing investment zone map on or before October 30, 2026.     The act creates the Colorado affordable housing in transit and housing investment zones tax credit (tax credit). The tax credit is administered in the same manner as the Colorado affordable housing in transit-oriented communities income tax credit; except that the tax credit is awarded in connection with housing projects in transit and housing zones. The act authorizes the Colorado Housing and Finance Authority to allocate up to $8,333,333 in tax credits each calendar year beginning in the 2027 calendar year through the 2033 calendar year.     For the 2026-27 state fiscal year, the act appropriates $213,349 to the office of the governor for use by economic development programs.(Note: This summary applies to this bill as enacted.)

The act requires the division of parks and wildlife (division) in the department of natural resources to expand the division's capacity for outdoor recreation coordination, planning, and management and take a leading role in state-level coordination, strategic planning, and implementation of Colorado's outdoors strategy. The division is directed to, among other things, engage with relevant partners, stakeholders, tribal governments, and agencies to coordinate and incorporate wildlife, conservation, recreation, and climate-resilience considerations across agency planning and decision-making processes.     In addition, the division is required to support, in consultation with relevant entities, the planning, development, and maintenance of outdoor recreation infrastructure to enhance outdoor recreation opportunities while protecting private property rights, wildlife, and natural resources. The division is directed to coordinate and consult with local governments to identify potential impacts to services and infrastructure associated with outdoor recreation use.     The act also requires the division to create, and update at least annually, integrated regional outdoor recreation and conservation planning reports to inform division awareness and operational decision-making. In 2027 and 2028, the division is required to include an update on the outdoor recreation coordination, planning, and management efforts required by the act during its 'SMART Act' hearing.     For the 2026-27 state fiscal year, the act appropriates $436,025 to the department of natural resources from the parks and outdoor recreation cash fund to be used for state park operations.(Note: This summary applies to this bill as enacted.)

The act allows for a county, a landowner in the town, or a registered elector in the town to apply to the secretary of state (secretary) to determine a town is abandoned when a town:Has no board of trustees or town clerk;Is unable to hold an election; andOwns or operates infrastructure critical for the treatment or delivery of water to residents.      The act authorizes the department of public health and environment to transfer up to $100,000 from the small communities water and wastewater grant fund to the department of public safety to cover the cost of operation and maintenance of a town's water system if an application for abandonment of the town has been filed with the secretary and the town has a water system that is failing or is likely to fail.(Note: This summary applies to this bill as enacted.)

The act changes the boundaries of the front range passenger rail district (district) to include certain listed municipalities, any municipality whose governing body and, if necessary, electors, consent for the municipality to be included in the district, certain listed metropolitan districts, and any metropolitan district that is not within a municipality, whose governing body consents for the metropolitan district to be included in the district, and that is identified for inclusion in the district by a district board (board) resolution.     The act requires that directors of the board appointed on or after July 1, 2026, reside within the district, unless that director is already serving on the board.     The act allows the board to create subdistricts within the district. The only voting members of a subdistrict board must be directors appointed by an entity that includes territory within the subdistrict and directors who reside within the subdistrict.     The act requires that any action by a subdistrict to establish or increase a tax or create a multiple-fiscal year debt must be submitted to a vote of the registered electors of the subdistrict. Before submitting a tax question to the voters, the district or subdistrict must certify that it has made every reasonable effort to secure federal, state, or special purpose authority funding.     Lastly, the act changes the method for determining the distribution of the costs of a district or subdistrict election. Under the new method, the costs of such an election are reimbursed in the same method and manner as state primary, coordinated, general, congressional vacancy, special legislative, or recall elections conducted after July 1, 2024. The act also requires that any constitutionally required notice for a district or subdistrict election be included in the ballot information booklet.(Note: This summary applies to this bill as enacted.)

The act directs the division of brand inspection (division) in the department of agriculture and the state board of stock inspection commissioners in the department of agriculture to receive reports of lost or stolen livestock. On or before December 31, 2026, the division shall implement procedures that:Facilitate efficient coordination with law enforcement, including procedures to ensure that reports of stolen livestock are provided to relevant law enforcement within 24 hours after the division receives a report of stolen livestock; andEnsure that the public is notified of lost or stolen livestock.     The procedures implemented by the division may vary by geographic region depending on the needs of the region.(Note: This summary applies to this bill as enacted.)

Current law requires a local government or a tribal government desiring to receive funding from the statewide affordable housing fund to have filed with the division of housing of the department of local affairs (division) a commitment specifying how, within a 3-year cycle, affordable housing units within the local or tribal government's territorial boundaries will be increased by 3% each year over the baseline number of affordable housing units (baseline number). The baseline number resets every 3 years for the next cycle. To be eligible for funding from the statewide affordable housing fund, a local or tribal government is required to file a commitment with the division and achieve the 3% increase over the baseline number each year during the 3-year cycle.     The act changes the requirements for the 3-year cycle beginning on January 1, 2027, and each 3-year cycle thereafter. A local government desiring to receive funding from the statewide affordable housing fund is no longer required to increase affordable housing units by 3% above the baseline each year, but is instead required to meet the target increase number of affordable housing units (target increase number). The target increase number equals the average annual number of permits for new housing units or functional equivalents of permits for new housing units that have been issued over the past 3 years within the jurisdiction of the local government, multiplied by the number of years of the upcoming 3-year cycle to which the local government is committing, multiplied by:0.10 if the average annual job growth rate in the county in which the local government is located is significantly lower than the statewide median annual job growth rate over the past 3 years, as determined by the division;0.15 if the average annual job growth rate in the county in which the local government is located is close to the statewide median annual job growth rate over the past 3 years, as determined by the division; or0.20 if the average annual job growth rate in the county in which the local government is located is significantly higher than the statewide median annual job growth rate over the past 3 years, as determined by the division.     The act requires the division to establish specific numerical ranges for the job growth rate thresholds.     The act permits a local government that desires to be eligible for funding from the statewide affordable housing fund but is unable to achieve the 3% annual increase in affordable housing units for the 3-year cycle beginning on January 1, 2024, to file a good faith effort waiver with the division. To be eligible, the local government must have achieved at least 65% of the targeted annual increase. The division may, in its discretion, grant a good faith effort waiver to a local government that filed for a waiver on or after June 15, 2026, but before November 1, 2026, and complied with other requirements of the act.     The act permits a government that desires to be eligible for funding from the statewide affordable housing fund but is unable to meet the target increase number in affordable housing units for the 3-year cycle beginning on January 1, 2027, to file an adjustment waiver with the division. The adjustment waiver must be supported by verifiable data and propose a revised annual increase of at least one unit per year. The division may, in its discretion, grant an adjustment waiver to a government that filed for a waiver and complied with other requirements of the act.     To determine whether a local government has achieved the target increase number for the 3-year cycle beginning on January 1, 2027, and for each 3-year cycle thereafter, an affordable housing unit that satisfies the following criteria counts for one affordable housing unit plus the following corresponding additional unit amount:Unless local governments have a written agreement otherwise, a unit developed with money from multiple local governments may be counted by each local government as a percentage of one unit proportional to the percentage of funding it provided;A unit that is developed on land donated by the local government qualifies for an additional 0.10 of a unit. The 0.10 of a unit qualifies for the local government that donated the land.An affordable housing unit that is developed with money provided by multiple local governments qualifies for an additional 0.10 of a unit for each local government that provided money;A unit that is developed to be for-sale housing and that meets certain affordability requirements qualifies for an additional 0.20 of a unit; andA unit that is restricted to be rented or sold to a household with an annual income of at or below 40% of the area median income, including a supportive housing unit, qualifies for an additional 0.20 of a unit.     If affordable housing is developed and qualifies for a property tax exemption, thereby reducing property tax revenue to the county in which the affordable housing is located, and the county did not provide any money to develop the affordable housing, the division may, in its discretion, allow each such affordable housing unit to count as up to 1.15 affordable housing units for the county at the time of vertical construction.     Beginning in 2027, to be eligible for direct funding, or for affordable housing projects within a tribal government's territorial boundaries to be eligible for funding, tribal governments are required to implement a system to expedite the development approval process for affordable housing projects and required to submit evidence of such satisfaction to the division.(Note: This summary applies to this bill as enacted.)

The act requires a person seeking certification or recertification from the peace officers standards and training board to undergo training on various missing person alerts active within the state. The department of public safety is required to create a missing person alert training program for persons seeking certification or recertification of their peace officer status.     The act requires an institution of higher education (institution) to either conduct a preliminary wellness assessment for no longer than 6 hours or immediately contact a law enforcement agency if a student is reported missing. If the student is not found within the 6-hour period, or if there is evidence of a credible risk to the student's safety, the institution shall notify the institution's police department or the nearest law enforcement agency with jurisdiction over the student's current local address on file with the institution or the student's permanent address on file with the institution if the institution does not have its own police department.     An institution is required to adopt and publish a preliminary wellness assessment policy. The preliminary wellness assessment must consist of at least the following steps: A digital contact attempt, a residential verification, and an academic and social inquiry. An institution that conducts a preliminary wellness assessment is immune from civil liability if the institution acted in good faith. An institution is required to maintain contemporaneous written documentation regarding the steps the institution took to complete the preliminary wellness assessment. The records are subject to certain disclosure requirements.(Note: This summary applies to this bill as enacted.)